MINUTES OF CITY COUNCIL REGULAR SESSION HELD ON OCTOBER 17, 2017

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1 MINUTES OF CITY COUNCIL REGULAR SESSION HELD ON OCTOBER 17, 2017 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:33 p.m. on the 17 th day of October, 2017, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry, Mayor Richard Boyer, Councilmember Brian Wade, Councilmember David Terre, Councilmember Perry Schrag, Mayor Pro-Tem Joel Marks, Councilmember Kirk Mikulec, Councilmember (Arrived 8:10 p.m.) Absent (Business) And with 6 council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor McCourry called the meeting to order at 6:33 p.m. 1.2 Invocation Reverend Jarvis Johnson with Friendship Baptist Church of The Colony delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited 1.5 Veteran's Day announcement from the Director of the Lewisville Salvation Army Councilmember Terre introduced Mr. Steve Thomas, Executive Director of Salvation Army. Mr. Thomas provided an overview of the program and the services they provide. 1.6 Announcement acknowledging the City of The Colony Employee of the Quarter Director of Human Resources Rodney Wallican shared with Council an overview of the Employee of the Quarter Program. Fire Chief Scott Thompson recognized Brandon Poe with Fleet Maintenance. Brandon is one of the few Emergency Vehicle Technicians in the 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items.

2 Page 2 state of Texas and is recognized for his hard work and dedication to the Fire Department. IT Director Chris Vasquez recognized Justin Foster for his dedication to the department and the staff of the City of The Colony. 1.7 Items of Community Interest Receive presentation from Parks and Recreation regarding upcoming events and activities Lindsey Stansell presented the upcoming events for the Parks and Recreation Department. 2.0 WORK SESSION City Secretary, Tina Stewart informed Council of the upcoming City Council Election with Early Voting beginning on Monday, October 23, 2017 through November 3, 2017 with Election Day being November 7, A full listing with voting precincts is available on the City Secretary's website as well as Denton County Election website. Councilmember Marks shared he is one of two candidates for Place 6. The City Council election will be held in The Colony Annex Building formerly the old Blockbuster building on November 7, 2017 with early voting beginning October 23, 2017 through November 3, Councilmember Terre shared that our local Colony Walmart has a new Manager that supports The Colony Chamber of Commerce as well as The Colony Animal Shelter. The Colony Animal Shelter was awarded a donation of $ Councilmember Terre on behalf of The Colony Chamber of Commerce awarded Council with an Appreciation Certificate for supporting the Chamber s September 20, 2017 Job Fair. 2.1 Discuss Public Information Requests Quarterly Report as presented for Council review None. 2.2 Discuss and provide direction to staff regarding the relocation of the sculpture that was previously in the median at North Colony and Main Street Director of Community Services, Pam Nelson presented Council with suggestions of sculpture placement from the Community Development Corp; the consensus of the Council is to place the sculpture at newly acquired location, 6301 Main Street, formally the Denton County Government Center.

3 Page Receive presentation and provide direction to staff regarding City Front Mobile Application Director of Government Relations, Brant Shallenburger presented Council with a new innovative mobile application available through City First Innovations. The app will assist citizens with a verbal command system using their mobile device versus logging onto the city's website. City Manager, Troy Powell shared, the city of The Colony and Little Elm will be the beta test system working with the developer to critique the app to create user friendly technology. Council is open to the technology and agreed to move forward. 2.4 Council to provide direction to staff regarding future agenda items None 3.0 CITIZEN INPUT 1. Christie Martin, 5604 Longhorn Drive, The Colony. Mrs. Martin spoke on behalf of "The Colony Spotlight" podcast created by Councilmember Richard Boyer, and encouraged citizens to get involved and listen, and participate in the program. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda Marks; second by Boyer, motion carried with all ayes. 4.1 Consider approving City Council Regular Session minutes for October 3, Consider approving a resolution authorizing the president of The Colony Economic Development Corporation to execute a real estate sales contract any and all documents necessary to sell and convey an approximately acre tract of land and acre tract of land RESOLUTION NO Consider approving a resolution authorizing the City Manager to execute the purchase order for four (4) Power PRO XT Cots and four (4) Stair PRO stairchairs from Stryker EMS in the amount of $86, for the Fire Department. RESOLUTION NO REGULAR AGENDA ITEMS 5.1 SP Thousand Oaks at Stag's Leap - Austin Ranch Phase VII:

4 Page 4 Discuss and consider approving an ordinance to allow a Development Plan for Thousand Oaks at Stag's Leap, initiating Phase VII of Austin Ranch development that will include 709 apartment units distributed over fifteen (15) apartment and townhome buildings generally located south of Windhaven Parkway, east of Stag's Leap Drive, and south of Sumner Street, at the eastern boundary of City of The Colony, within Planned Development 22 (PD-22) aka Austin Ranch Planned Development Zoning District Director of Development Services, Surupa Sen presented the proposed ordinance to Council. Mrs. Sen reviewed the development standards, elevations, infrastructure and parking with Council. The Development Review Committee finds the Development Plan meets the requirements of PD22 and Planning and Zoning Commission voted 6-0 and recommend approval. ORDINANCE NO Motion to approve - Terre; second by Marks, motion carried with all ayes. 5.2 Discuss and consider approving a resolution authorizing the City Manager to execute an inter local agreement with Lewisville Independent School District (LISD) for lease of fiber and related construction costs to directly connect three City facilities to the City of The Colony network Information Technology Director, Chris Vasquez presents proposed resolution to Council. Mr. Vasquez describes the challenges of internet connections to six (6) of the twenty one (21) buildings the city owns. Three (3) locations flagged as high importance are Fire Station 1, Government Center and Office Creek. After reviewing expenses with multiple vendors Mr. Vasquez recommends an Inter Local Agreement with LISD for costs and cyber security. The Technology Board approved agreement with LISD at their June 7, 2017 meeting. RESOLUTION NO Motion to approve Schrag; second by Boyer, motion carried with all ayes. Councilman Schrag left the meeting at 7:50 p.m. and returned at 7:51 p.m. 5.3 Discuss and consider approving a resolution authorizing the City Manager to execute a Publication of a Notice of Intention to issue Certificates of Obligation, including the adoption of a resolution pertaining thereto Assistant City Manager of Administration, Tim Miller presented proposed resolution to Council. This item was discussed throughout the budget process using the Certificate of Obligation for Capital Improvements projects. RESOLUTION NO

5 Motion to approve - Terre; second by Boyer, motion carried with all ayes. Page Discuss and consider approving a resolution authorizing the City Manager to execute a Service Agreement with SPAN, Inc. to provide transportation and support services to residents of The Colony Director of Community Relations and Programing, Joe Perez presented proposed resolution to Council. Mr. Perez reiterated the item was initially presented at the October 3, 2017 Council Meeting. There have been no adjustments since the presentation. RESOLUTION NO Motion to approve Boyer; second by Marks, motion carried with all ayes. Councilman Schrag left the meeting at 8:07 p.m. 5.5 Discuss and consider rescheduling or canceling the November 7, 2017 City Council (Election Day) and the November 21, 2017 City Council (Observance of Thanksgiving) meetings; and provide direction to staff Council provided discussion on this item. It was determined to move November 7, 2017 meeting to Monday November 6, 2017 and the November 21, 2017 meeting to Monday November 27, Executive Session was convened at 8:19 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Section of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property. B. Council shall convene into a closed executive session pursuant to Section of the Texas Government Code to seek legal advice from the city attorney regarding a proposed Second Amendment to Development Agreement with Billingsley Development Corporation. C. Council shall convene into a closed executive session pursuant to Section of the Texas Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No D. Council shall convene into a closed executive session pursuant to Section of the Texas Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation Atlantic Colony Venture

6 Page 6 I, LLC and Atlantic Colony Venture II, LLC v. City of The Colony, Texas, et al., Cause No E. Council shall convene into a closed executive session pursuant to Section of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Director of Community Relations and Programming. Regular Session was reconvened at 8:44 p.m. 6.2 A. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. B. Any action as a result of executive session regarding a proposed Second Amendment to Development Agreement with Billingsley Development Corporation. C. Any action as a result of executive session regarding pending or contemplated litigation Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No D. Any action as a result of executive session regarding the pending or contemplated litigation - Atlantic Venture, LLC and Atlantic Colony Venture II, LLC v. City of The Colony, Texas, et al. E. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Director of Community Relations and Programming. This item was pulled from the agenda and not discussed ADJOURNMENT With there being no further business to discuss the meeting was adjourned at 8:45 p.m.

7 Page 7 CERTIFICATION APPROVED: ATTEST: Joe McCourry, Mayor City of The Colony Tina Stewart, TRMC City Secretary